How to Negotiate with Siblings to Avoid a Partition Action in Louisiana
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
When co-owners inherit real property in Louisiana, any heir can file a partition action by licitation under Louisiana Code of Civil Procedure Article 4671 if they cannot agree on how to divide or sell the property. However, you and your siblings can often avoid court by negotiating an amicable (voluntary) partition. Here’s how:
1. Understand Louisiana’s Partition Laws
Louisiana Code of Civil Procedure Article 4671 allows one co-owner to force a sale or division of property if co-owners don’t agree. By contrast, an extrajudicial or amiable partition occurs when all co-owners agree in writing on how to divide or sell the property and file that agreement in the parish where the property sits (see La. C.C.P. art. 4671).
2. Gather Key Information
• Obtain a recent land survey or boundary map.
• Hire a certified appraiser to determine fair market value.
• Retrieve the deed and any mortgage or lien documents.
• Identify each heir’s ownership percentage.
3. Explore Partition Options
• Division in Kind: Physically divide the land so each heir receives a distinct portion in proportion to their share.
• Purchase of Shares: One or more siblings buy out the others at appraised value.
• Sale of Whole Property: Sell the entire property and split proceeds per share.
4. Draft and Sign an Amicable Partition Agreement
• Clearly describe the property with a legal description.
• State the method of partition (division, sale, buyout).
• Include signatures of all heirs and notarize the document.
• File the agreement in the conveyance records of the parish clerk’s office.
5. When Negotiations Stall
If you cannot reach an agreement, any co-owner may file a partition by licitation lawsuit. The court may order:
- Sale of the property at public auction
- Division of the property by lot or by commissioners
Partition by licitation may increase costs and delay resolution. That makes voluntary settlement more efficient and cost-effective.
Helpful Hints
- Start discussions early, before tensions rise.
- Keep communication open and transparent with all heirs.
- Consider hiring a neutral mediator to facilitate talks.
- Obtain an independent appraisal to avoid disputes over value.
- Document every agreement in writing and file promptly.
- Consult a real estate attorney to review your agreement.